Citation Nr: 21025354 Decision Date: 04/27/21 Archive Date: 04/27/21 DOCKET NO. 16-04 694 DATE: April 27, 2021 ORDER An effective date earlier than March 4, 2013 for service-connected posttraumatic stress disorder (PTSD) with depression and anxiety is denied. FINDING OF FACT The earliest claim for PTSD with depression and anxiety was received on March 4, 2013. CONCLUSION OF LAW The criteria for an effective date earlier than March 4, 2013, for the grant of service connection for PTSD with depression and anxiety are not met. 38 U.S.C. § 5110; 38 C.F.R. §§ 3.155, 3.400. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active service from November 1977 to September 1986. In March 2019, he was afforded a videoconference hearing before a Veterans Law Judge. A transcript of that hearing is of record. This issue was then remanded in October 2020 for additional development. Earlier Effective Dates The Veteran is seeking an earlier effective date for his service-connected PTSD with depression and anxiety. Under 38 U.S.C. §§ 5110(b)(1) and 38 C.F.R. § 3.400(b)(2)(i), the effective date for a grant of direct service connection will be the day following separation from active service, if a claim is received within one year after separation from service. Otherwise the effective date is the date of receipt of claim or date entitlement arose, whichever is later. A claim is defined broadly as a written or electronic communication requesting a determination of entitlement or evidencing a belief in entitlement to a benefit. 38 C.F.R. § 3.1(p). Effective March 24, 2015, VA amended its adjudication regulations to require that all claims governed by VA’s adjudication regulations be filed on standard forms prescribed by the Secretary. See 79 Fed. Reg. 57,660 (Sept. 25, 2014). The amendments, however, are only effective for claims and appeals filed on or after March 24, 2015. Prior to March 24, 2015, the VA administrative claims process recognized both formal and informal claims. A formal claim is one that has been filed in the form prescribed by VA. 38 U.S.C. § 5101(a); 38 C.F.R. § 3.151(a) (2014). An informal claim is any communication or action indicating an intent to apply for one or more benefits under VA law. 38 C.F.R. § 3.155(a) (2014); See Thomas v. Principi, 16 Vet. App. 197 (2002). An informal claim needs to be written, see Rodriguez v. West, 189 F.3d. 1351 (Fed. Cir. 1999), and must identify the benefit being sought. Brannon v. West, 12 Vet. App. 32, 34-5 (1998). While VA must interpret a claimant’s submissions broadly, VA is not required to conjure up issues not raised by the claimant. In other words, VA is not required to anticipate any potential claim for a particular benefit where no intention to raise it was expressed. See Brannon, 12 Vet. App. 32, 34 35 (1998); Talbert v. Brown, 7 Vet. App. 352, 356-57 (1995). That said, in general VA may not pay a benefit before a claim is made. 38 U.S.C. § 5101; Jones v. West, 136 F.3d 1296, 1299 (Fed. Cir. 1998) (stating that “[38 U.S.C. §] 5101 is a clause of general applicability and mandates that a claim must be filed in order for any type of benefits to . . . be paid under the laws administered by the Secretary.”). The mere presence of medical evidence does not establish intent on the part of the Veteran to seek service connection for a disability. Lalonde v. West, 12 Vet. App. 377, 382 (1999). Likewise, the mere presence of a disability does not establish intent on the part of the Veteran to seek service connection for that condition. KL v. Brown, 5 Vet. App. 205, 208 (1993); Crawford v. Brown, 5 Vet. App. 33, 35 (1995). In other words, in the absence of a sufficient manifestation of an intent to apply for benefits for a particular disease or injury, a document providing medical information which refers to a disability in and of itself is not an informal claim for VA benefit. Ellington v. Nicholson, 22 Vet. App. 141, 145-46 (2007). In addition, the Court has held that a Veteran’s attempt to obtain treatment does not comprise a claim. Dunson v. Brown, 4 Vet. App. 327, 330 (1993). The record shows the Veteran was discharged from service in September 1986. He filed an informal claim for service connection for depression related to service-connected injuries that was received on March 4, 2013 more than one year after he was separated from active service. See VA Form 21-0820 Report of General Information and VA 21-526EZ received April 20, 2013. In April 2014, the RO granted service connection for major depression and a 70 percent evaluation was assigned, effective March 4, 2013, the date the claim was received. There is no evidence of an earlier pending formal or informal claim seeking entitlement to VA compensation benefits based on psychiatric problems. The Veteran disagreed with this determination and initiated this appeal. At his March 2019 hearing, he testified that he made an informal claim in November 2012 which would support an effective date earlier than March 2013. According to the Board’s remand, the claim was made by and through a clinician at Cantrell Counseling and Associates who inferred his claim in medical records dated November 2012. In this case, the Board finds the RO assigned the earliest possible effective date for its grant of service connection for PTSD with depression and anxiety. Although the record shows the Veteran filed previous claims for service connection for left ankle, psoriasis, and spondylosis in 1986, 1989, and 2011 respectively, none of these claims indicated a desire or intent to seek benefits related to a psychiatric disorder. And as noted the Board is not required to conjure up issues that were not raised by the Veteran. Brannon, supra. The Board also acknowledges a November 2012 medical report, which documents the Veteran’s diagnosis of major depression. See clinical record from Cantrell Counseling and Associates, dated November 1, 2012. However, the report only identifies that depression existed since November 2012 and does not otherwise indicate an intent to apply for benefits. Therefore, it cannot form the basis for an informal claim as, has been noted, medical evidence referencing the presence of depression does not establish an intent on the part of the Veteran to seek service connection for that disorder. See Ellington, supra, Lalonde supra, KL supra. For this reason, it cannot serve as an earlier claim. In this case, there is no evidence in the file, dated or received before March 4, 2013, that demonstrates an intent to seek benefits for a psychiatric disorder. Accordingly, March 4, 2013, the date of receipt of the Veteran’s initial claim for service connection for depression related to service-connected injuries, is the proper effective date for the grant of service connection. 38 U.S.C. § 5107(b). Thomas H. O'Shay Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Bryant, Jeana R The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.